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Adams County Blocks Pot Dispensaries

Government Shuts Down Medicinal Marijuana Storefront

POSTED: 6:16 pm MST November 12, 2009
UPDATED: 9:50 pm MST November 12, 2009

The Adams County government has issued a "Not Welcome" warning to medicinal marijuana dispensaries.

The Adams County Fire Department and the building department served a cease-and-desist order to Local Caregivers of Colorado, a medicinal marijuana provider, on Thursday afternoon. It was the first step in what is expected to be a lengthy legal battle challenging whether local governments are required to allow marijuana dispensaries.

Local Caregivers of Colorado, located at 53rd Street and Sheridan in unincorporated Adams County, was ordered to shut down or to face criminal zoning violation charges, said Adams County Attorney Hal Warren. He said the county decided to take the stand after months of debate.

The owner of the dispensary, Len Bocanegra, told 7NEWS that he was told he can't have marijuana on site, nor distribute it to patients at the location.

Bocanegra said he was told he can still legally grow it at a different location and he could legally deliver it to patients off site as well. Bocanegra said he was told the county was placing a moratorium on medicinal marijuana shops.

Warren, however, took a harder line.

"In our view, you would do a moratorium to think how you are going to allow it and regulate it," Warren said. "The county commissioners have decided that our course of action is not to allow storefront medicinal marijuana dispensaries at all."

Warren said he expects a lengthy legal battle and for the case to jump higher up the judicial ladder.

"The appeal might lead to some clarification," Warren said.

He added there has been no law, amendment or ruling that has established that local municipalities are required to set up zoning laws to allow dispensaries.

"We don't think anything out there mandates that a city or a county must provide zoning for this kind of use," Warren said.

Warren said there are two known dispensaries in unincorporated Adams County. Each will receive a cease-and-desist order.

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